Margin Facility. 2.1 The Account is capable of conducting margin trading and WLSL agrees to grant credit facilities (“Facility”) to the Client at the Client’s request for Transactions under the Account in accordance with the provisions set out in this Agreement, any facility letter from WLSL to the Client and such other agreement, document terms and conditions as may be specified by WLSL from time to time (collectively called “Margin Facility Terms”). 2.2 WLSL may grant the Client Facility of such amount up to a limited percentage as may be notified to the Client from time to time (“Margin Ratio”) of the mark-to-market value of the Collateral. The Client shall from time to time upon ▇▇▇▇’s request promptly and duly execute and deliver any and all such further instruments and documents as WLSL may deem necessary or desirable for the purpose of obtaining the full benefit of the Margin Facility Terms and of the rights and powers granted under the same. 2.3 WLSL is instructed and authorised by the Client to draw on the Facility to settle any amounts due to WLSL or its Associates in respect of the Client’s purchase of Securities, margin maintenance obligations for any options positions required by WLSL or its Associates, or payment of any commission or other costs and expenses owing to WLSL or its Associates. 2.4 WLSL will not at any time be obliged to provide any Facility to the Client. In particular, the Client understands that WLSL may not provide any Facility to the Client if any of the following circumstances should arise:- (a) if the Client is in default of any provisions of this Agreement; or (b) in the opinion of WLSL there is or has been a material adverse change in the Client’s financial condition or in the financial condition of any person which might adversely affect the Client’s ability to discharge the Client’s liabilities or perform the Client’s obligations under this Agreement; or (c) making an advance would cause the applicable Margin Ratio to be exceeded; or (d) WLSL in its absolute discretion considers it prudent or desirable for its protection not to do so. 2.5 For so long as there exists any indebtedness to WLSL on the Client’s part, WLSL shall be entitled at any time and from time to time to refuse any withdrawal of any or all of the Collateral and the Client shall not without the prior written consent of WLSL be entitled to withdraw any Collaterals in part or in whole from the Client’s Account. 2.6 The Client shall on demand from WLSL make payments of deposits or margin in monies, Securities and/or other Collateral in such amount and in such form and within such time as may be specified by WLSL as WLSL in its absolute discretion determines necessary to provide adequate security in respect of the Facility. Any payments to be paid by the Client shall be made into a designated account of WLSL before 12:00 noon on the due date in same day funds. 2.7 Any failure by the Client to comply with Clause 2.6 in this Schedule II will constitute an Event of Default under the main body of the Securities Account Agreement. 2.8 The Client agrees to pay interest on a daily basis on the amount of credit extended to the Client, at the rates notified to the Client by WLSL from time to time. Such interest charges may to the extent permitted by applicable law be deducted by WLSL from the Account or any other account of the Client with WLSL or its Associates.
Appears in 8 contracts
Sources: Securities Account Agreement, Securities Account Agreement, Client Securities Account Agreement
Margin Facility. 2.1 The Account is capable of conducting margin trading and WLSL CMSHK agrees to grant credit facilities (“Facility”) to the Client Customer at the ClientCustomer’s request for Transactions under the Account in accordance with the provisions set out in this Agreement, any facility letter from WLSL CMSHK to the Client Customer and such other agreement, document terms and conditions as may be specified by WLSL CMSHK from time to time (collectively called “Margin Facility Terms”).
2.2 WLSL Subject to Clause 2.4 of this Schedule I below, CMSHK may grant the Client Customer Facility of such amount up to a limited percentage as may be notified to the Client Customer from time to time (“Margin Ratio”) of the mark-to-market value of the Collateral. The Client Customer shall from time to time upon ▇▇▇▇CMSHK’s request promptly and duly execute and deliver any and all such further instruments and documents as WLSL CMSHK may deem necessary or desirable for the purpose of obtaining the full benefit of the Margin Facility Terms and of the rights and powers granted under the same.
2.3 WLSL CMSHK is instructed and authorised by the Client Customer to draw on the Facility to settle any amounts due to WLSL CMSHK or its Associates in respect of the ClientCustomer’s purchase of Securities, margin maintenance obligations for any options positions required by WLSL CMSHK or its Associates, or payment of any commission or other costs and expenses owing to WLSL CMSHK or its Associates.
2.4 WLSL CMSHK will not at any time be obliged to provide any Facility to the ClientCustomer. In particular, the Client Customer understands that WLSL CMSHK may not provide any Facility to the Client Customer if any of the following circumstances should arise:-
(a) if the Client Customer is in default of any provisions of this Agreement; or
(b) in the opinion of WLSL CMSHK there is or has been a material adverse change in the ClientCustomer’s financial condition or in the financial condition of any person which might adversely affect the ClientCustomer’s ability to discharge the ClientCustomer’s liabilities or perform the ClientCustomer’s obligations under this Agreement; or
(c) making an advance would cause the applicable Margin Ratio to be exceeded; or
(d) WLSL CMSHK in its absolute discretion considers it prudent or desirable for its protection not to do so.
2.5 For so long as there exists any indebtedness to WLSL CMSHK on the ClientCustomer’s part, WLSL CMSHK shall be entitled at any time and from time to time to refuse any withdrawal of any or all of the Collateral and the Client Customer shall not without the prior written consent of WLSL CMSHK be entitled to withdraw any Collaterals Collateral in part or in whole from the ClientCustomer’s Account.
2.6 The Client Customer shall on demand from WLSL CMSHK make payments of deposits or margin Margin in monies, Securities and/or other Collateral in such amount and in such form and within such time as may be specified by WLSL CMSHK as WLSL CMSHK in its absolute discretion determines necessary to provide adequate security in respect of the Facility. Any payments to be paid by the Client Customer shall be made into a designated account of WLSL before 12:00 noon on CMSHK within the due date time limit as specified by CMSHK in same day fundscleared funds or deposit of securities and/or other Collateral with good and free unencumbered titles.
2.7 Any failure by the Client Customer to comply with Clause 2.6 in this Schedule II I will constitute an Event of Default under Clause 17 of the main body of the Securities Account Agreement.
2.8 The Client Customer agrees to pay interest on a daily basis on the amount of credit extended to the ClientCustomer, at the rates notified to the Client Customer by WLSL CMSHK from time to time. Such interest charges may to the extent permitted by applicable law be deducted by WLSL CMSHK from the Account or any other account of the Client Customer with WLSL CMSHK or its Associates.
Appears in 2 contracts
Sources: Securities Account Agreement, Securities Account Agreement
Margin Facility. 2.1 The Account is capable of conducting margin trading and WLSL the Company agrees to grant credit facilities (“Facility”) to the Client at the Client’s request for Transactions under the Account in accordance with the provisions set out in this Agreement, any facility letter from WLSL the Company to the Client and such other agreement, document terms and conditions as may be specified by WLSL the Company from time to time (collectively called “Margin Facility TermsFacilityTerms”).
2.2 WLSL Subject to Clause 2.4 of this Schedule I below, the Company may grant the Client Facility of such amount up to a limited percentage as may be notified to the Client from time to time (“Margin Ratio”) of the mark-to-market value of the Collateral. The Client shall from time to time upon ▇▇▇▇the Company’s request promptly and duly execute and deliver any and all such further instruments and documents as WLSL the Company may deem necessary or desirable for the purpose of obtaining the full benefit of the Margin Facility Terms and of the rights and powers granted under the same.
2.3 WLSL the Company is instructed and authorised by the Client to draw on the Facility to settle any amounts due to WLSL the Company or its Associates in respect of the Client’s purchase of Securities, margin maintenance obligations for any options positions required by WLSL the Company or its Associates, or payment of any commission or other costs and expenses owing to WLSL the Company or its Associates.
2.4 WLSL the Company will not at any time be obliged to provide any Facility to the Client. In particular, the Client understands that WLSL the Company may not provide any Facility to the Client if any of the following circumstances should arise:-arise:
(a) if the Client is in default of any provisions of this Agreement; or
(b) in the opinion of WLSL the Company there is or has been a material adverse change in the Client’s financial condition or in the financial condition of any person which might adversely affect the Client’s ability to discharge the Client’s liabilities or perform the Client’s obligations under this Agreement; or
(c) making an advance would cause the applicable Margin Ratio to be exceeded; or
(d) WLSL the Company in its absolute discretion considers it prudent or desirable for its protection not to do so.
2.5 For so long as there exists any indebtedness to WLSL the Company on the Client’s part, WLSL the Company shall be entitled at any time and from time to time to refuse any withdrawal of any or all of the Collateral and the Client shall not without the prior written consent of WLSL the Company be entitled to withdraw any Collaterals Collateral in part or in whole from the Client’s Account.
2.6 The Client shall on demand from WLSL the Company make payments of deposits or margin Margin in monies, Securities and/or other Collateral in such amount and in such form and within such time as may be specified by WLSL the Company as WLSL the Company in its absolute discretion determines necessary to provide adequate security in respect of the Facility. Any payments to be paid by the Client shall be made into a designated account of WLSL the Company before 12:00 noon on the due date in same day funds.
2.7 Any failure by the Client to comply with Clause 2.6 in this Schedule II I will constitute an Event the responsiblity under ▇▇▇▇▇▇ 17 of Default under the main body of the Securities Account Agreement.
2.8 The Client agrees to pay interest on a daily basis on the amount of credit extended to the Client, at the rates notified to the Client by WLSL the Company from time to time. Such interest charges may to the extent permitted by applicable law be deducted by WLSL the Company from the Account or any other account of the Client with WLSL the Company or its Associates.
Appears in 2 contracts
Sources: Client Agreement, Client Agreement
Margin Facility. 2.1 The Account is capable of conducting margin trading and WLSL CMSHK agrees to grant credit facilities (“Facility”) to the Client Customer at the ClientCustomer’s request for Transactions under the Account in accordance with the provisions set out in this Agreement, any facility letter from WLSL CMSHK to the Client Customer and such other agreement, document terms and conditions as may be specified by WLSL CMSHK from time to time (collectively called “Margin Facility Terms”).
2.2 WLSL Subject to Clause 2.4 of this Schedule I below, CMSHK may grant the Client Customer Facility of such amount up to a limited percentage as may be notified to the Client Customer from time to time (“Margin Ratio”) of the mark-to▇▇▇▇-to-market value of the Collateral. The Client Customer shall from time to time upon ▇▇▇▇CMSHK’s request promptly and duly execute and deliver any and all such further instruments and documents as WLSL CMSHK may deem necessary or desirable for the purpose of obtaining the full benefit of the Margin Facility Terms and of the rights and powers granted under the same.
2.3 WLSL CMSHK is instructed and authorised by the Client Customer to draw on the Facility to settle any amounts due to WLSL CMSHK or its Associates in respect of the ClientCustomer’s purchase of Securities, margin maintenance obligations for any options positions required by WLSL CMSHK or its Associates, or payment of any commission or other costs and expenses owing to WLSL CMSHK or its Associates.
2.4 WLSL CMSHK will not at any time be obliged to provide any Facility to the ClientCustomer. In particular, the Client Customer understands that WLSL CMSHK may not provide any Facility to the Client Customer if any of the following circumstances should arise:-
(a) if the Client Customer is in default of any provisions of this Agreement; or
(b) in the opinion of WLSL CMSHK there is or has been a material adverse change in the ClientCustomer’s financial condition or in the financial condition of any person which might adversely affect the ClientCustomer’s ability to discharge the ClientCustomer’s liabilities or perform the ClientCustomer’s obligations under this Agreement; or
(c) making an advance would cause the applicable Margin Ratio to be exceeded; or
(d) WLSL CMSHK in its absolute discretion considers it prudent or desirable for its protection not to do so.
2.5 For so long as there exists any indebtedness to WLSL CMSHK on the ClientCustomer’s part, WLSL CMSHK shall be entitled at any time and from time to time to refuse any withdrawal of any or all of the Collateral and the Client Customer shall not without the prior written consent of WLSL CMSHK be entitled to withdraw any Collaterals Collateral in part or in whole from the ClientCustomer’s Account.
2.6 The Client Customer shall on demand from WLSL CMSHK make payments of deposits or margin Margin in monies, Securities and/or other Collateral in such amount and in such form and within such time as may be specified by WLSL CMSHK as WLSL CMSHK in its absolute discretion determines necessary to provide adequate security in respect of the Facility. Any payments to be paid by the Client Customer shall be made into a designated account of WLSL CMSHK before 12:00 noon on the due date in same day funds.
2.7 Any failure by the Client Customer to comply with Clause 2.6 in this Schedule II I will constitute an Event of Default under Clause 17 of the main body of the Securities Account Agreement.
2.8 The Client Customer agrees to pay interest on a daily basis on the amount of credit extended to the ClientCustomer, at the rates notified to the Client Customer by WLSL CMSHK from time to time. Such interest charges may to the extent permitted by applicable law be deducted by WLSL CMSHK from the Account or any other account of the Client Customer with WLSL CMSHK or its Associates.
Appears in 1 contract
Sources: Securities Account Agreement
Margin Facility. 2.1 The Account is capable of conducting margin trading and WLSL WLIS agrees to grant credit facilities (“Facility”) to the Client at the Client’s request for Transactions under the Account in accordance with the provisions set out in this Agreement, any facility letter from WLSL WLIS to the Client and such other agreement, document terms and conditions as may be specified by WLSL WLIS from time to time (collectively called “Margin Facility Terms”).
2.2 WLSL WLIS may grant the Client Facility of such amount up to a limited percentage as may be notified to the Client from time to time (“Margin Ratio”) of the mark-to-market value of the Collateral. The Client shall from time to time upon ▇▇▇▇WLIS’s request promptly and duly execute and deliver any and all such further instruments and documents as WLSL WLIS may deem necessary or desirable for the purpose of obtaining the full benefit of the Margin Facility Terms and of the rights and powers granted under the same.
2.3 WLSL WLIS is instructed and authorised by the Client to draw on the Facility to settle any amounts due to WLSL WLIS or its Associates in respect of the Client’s purchase of Securities, margin maintenance obligations for any options positions required by WLSL WLIS or its Associates, or payment of any commission or other costs and expenses owing to WLSL WLIS or its Associates.
2.4 WLSL WLIS will not at any time be obliged to provide any Facility to the Client. In particular, the Client understands that WLSL WLIS may not provide any Facility to the Client if any of the following circumstances should arise:-
(a) if the Client is in default of any provisions of this Agreement; or
(b) in the opinion of WLSL WLIS there is or has been a material adverse change in the Client’s financial condition or in the financial condition of any person which might adversely affect the Client’s ability to discharge the Client’s liabilities or perform the Client’s obligations under this Agreement; or
(c) making an advance would cause the applicable Margin Ratio to be exceeded; or
(d) WLSL WLIS in its absolute discretion considers it prudent or desirable for its protection not to do so.
2.5 For so long as there exists any indebtedness to WLSL WLIS on the Client’s part, WLSL WLIS shall be entitled at any time and from time to time to refuse any withdrawal of any or all of the Collateral and the Client shall not without the prior written consent of WLSL WLIS be entitled to withdraw any Collaterals in part or in whole from the Client’s Account.
2.6 The Client shall on demand from WLSL WLIS make payments of deposits or margin in monies, Securities and/or other Collateral in such amount and in such form and within such time as may be specified by WLSL WLIS as WLSL WLIS in its absolute discretion determines necessary to provide adequate security in respect of the Facility. Any payments to be paid by the Client shall be made into a designated account of WLSL WLIS before 12:00 noon on the due date in same day funds.
2.7 Any failure by the Client to comply with Clause 2.6 in this Schedule II will constitute an Event of Default under the main body of the Securities Account Agreement.
2.8 The Client agrees to pay interest on a daily basis on the amount of credit extended to the Client, at the rates notified to the Client by WLSL WLIS from time to time. Such interest charges may to the extent permitted by applicable law be deducted by WLSL WLIS from the Account or any other account of the Client with WLSL WLIS or its Associates.
Appears in 1 contract
Sources: Securities Account Agreement
Margin Facility. 2.1 The Account is capable of conducting margin trading and WLSL CMSHK agrees to grant credit facilities (“Facility”) to the Client Customer at the ClientCustomer’s request for Transactions under the Account in accordance with the provisions set out in this Agreement, any facility letter from WLSL CMSHK to the Client Customer and such other agreement, document terms and conditions as may be specified by WLSL CMSHK from time to time (collectively called “Margin Facility Terms”).
2.2 WLSL Subject to Clause 2.4 of this Schedule I below, CMSHK may grant the Client Customer Facility of such amount up to a limited percentage as may be notified to the Client Customer from time to time (“Margin Ratio”) of the mark-to-market value of the Collateral. The Client Customer shall from time to time upon ▇▇▇▇CMSHK’s request promptly and duly execute and deliver any and all such further instruments and documents as WLSL CMSHK may deem necessary or desirable for the purpose of obtaining the full benefit of the Margin Facility Terms and of the rights and powers granted under the same.
2.3 WLSL CMSHK is instructed and authorised by the Client Customer to draw on the Facility to settle any amounts due to WLSL CMSHK or its Associates in respect of the ClientCustomer’s purchase of Securities, margin maintenance obligations for any options positions required by WLSL CMSHK or its Associates, or payment of any commission or other costs and expenses owing to WLSL CMSHK or its Associates.
2.4 WLSL CMSHK will not at any time be obliged to provide any Facility to the ClientCustomer. In particular, the Client Customer understands that WLSL CMSHK may not provide any Facility to the Client Customer if any of the following circumstances should arise:-
(a) if the Client Customer is in default of any provisions of this Agreement; or
(b) in the opinion of WLSL CMSHK there is or has been a material adverse change in the ClientCustomer’s financial condition or in the financial condition of any person which might adversely affect the ClientCustomer’s ability to discharge the ClientCustomer’s liabilities or perform the ClientCustomer’s obligations under this Agreement; or
(c) making an advance would cause the applicable Margin Ratio to be exceeded; or
(d) WLSL CMSHK in its absolute discretion considers it prudent or desirable for its protection not to do so.
2.5 For so long as there exists any indebtedness to WLSL CMSHK on the ClientCustomer’s part, WLSL CMSHK shall be entitled at any time and from time to time to refuse any withdrawal of any or all of the Collateral and the Client Customer shall not without the prior written consent of WLSL CMSHK be entitled to withdraw any Collaterals Collateral in part or in whole from the ClientCustomer’s Account.
2.6 The Client Customer shall on demand from WLSL CMSHK make payments of deposits or margin Margin in monies, Securities and/or other Collateral in such amount and in such form and within such time as may be specified by WLSL CMSHK as WLSL CMSHK in its absolute discretion determines necessary to provide adequate security in respect of the Facility. Any payments to be paid by the Client Customer shall be made into a designated account of WLSL CMSHK before 12:00 noon on the due date in same day funds.
2.7 Any failure by the Client Customer to comply with Clause 2.6 in this Schedule II I will constitute an Event of Default under Clause 17 of the main body of the Securities Account Agreement.
2.8 The Client Customer agrees to pay interest on a daily basis on the amount of credit extended to the ClientCustomer, at the rates notified to the Client Customer by WLSL CMSHK from time to time. Such interest charges may to the extent permitted by applicable law be deducted by WLSL CMSHK from the Account or any other account of the Client Customer with WLSL CMSHK or its Associates.
Appears in 1 contract
Sources: Securities Account Agreement
Margin Facility. 2.1 The Account is capable of conducting margin trading and WLSL the Company agrees to grant credit facilities (“Facility”) to the Client at the Client’s request for Transactions under the Account in accordance with the provisions set out in this Agreement, any facility letter from WLSL the Company to the Client and such other agreement, document terms and conditions as may be specified by WLSL the Company from time to time (collectively called “Margin Facility TermsFacilityTerms”).
2.2 WLSL Subject to Clause 2.4 of this Schedule I below, the Company may grant the Client Facility of such amount up to a limited percentage as may be notified to the Client from time to time (“Margin Ratio”) of the mark-to-market value of the Collateral. The Client shall from time to time upon ▇▇▇▇the Company’s request promptly and duly execute and deliver any and all such further instruments and documents as WLSL the Company may deem necessary or desirable for the purpose of obtaining the full benefit of the Margin Facility Terms and of the rights and powers granted under the same.
2.3 WLSL the Company is instructed and authorised by the Client to draw on the Facility to settle any amounts due to WLSL the Company or its Associates in respect of the Client’s purchase of Securities, margin maintenance obligations for any options positions required by WLSL the Company or its Associates, or payment of any commission or other costs and expenses owing to WLSL the Company or its Associates.
2.4 WLSL the Company will not at any time be obliged to provide any Facility to the Client. In particular, the Client understands that WLSL the Company may not provide any Facility to the Client if any of the following circumstances should arise:-arise:
(a) if the Client is in default of any provisions of this Agreement; or
(b) in the opinion of WLSL the Company there is or has been a material adverse change in the Client’s financial condition or in the financial condition of any person which might adversely affect the Client’s ability to discharge the Client’s liabilities or perform the Client’s obligations under this Agreement; or
(c) making an advance would cause the applicable Margin Ratio to be exceeded; or
(d) WLSL the Company in its absolute discretion considers it prudent or desirable for its protection not to do so.
2.5 For so long as there exists any indebtedness to WLSL the Company on the Client’s part, WLSL the Company shall be entitled at any time and from time to time to refuse any withdrawal of any or all of the Collateral and the Client shall not without the prior written consent of WLSL the Company be entitled to withdraw any Collaterals Collateral in part or in whole from the Client’s Account.
2.6 The Client shall on demand from WLSL the Company make payments of deposits or margin Margin in monies, Securities and/or other Collateral in such amount and in such form and within such time as may be specified by WLSL the Company as WLSL the Company in its absolute discretion determines necessary to provide adequate security in respect of the Facility. Any payments to be paid by the Client shall be made into a designated account of WLSL the Company before 12:00 noon on the due date in same day funds.
2.7 Any failure by the Client to comply with Clause 2.6 in this Schedule II I will constitute an Event the responsiblity under Clause 17 of Default under the main body of the Securities Account Agreement.
2.8 The Client agrees to pay interest on a daily basis on the amount of credit extended to the Client, at the rates notified to the Client by WLSL the Company from time to time. Such interest charges may to the extent permitted by applicable law be deducted by WLSL the Company from the Account or any other account of the Client with WLSL the Company or its Associates.
Appears in 1 contract
Sources: Client Agreement